Published AAO appeal decisions

A project manager seeks NIW for EB-2 proposing digital technology implementation in oil and gas to reduce emissions and support clean energy transition. The AAO dismissed, finding the endeavor lacks demonstrated national importance because evidence does not establish sufficient prospective impact beyond his client organizations.

An engineer sought NIW classification to establish a solar energy installation company. The AAO dismissed, finding the proposed endeavor lacked national importance; while installing residential, commercial, and industrial solar systems benefits the petitioner and clients, the record showed no evidence of national or global field implications or process improvements contemplated by Dhanasar.

Pipeline engineer seeks NIW for EB-2 advanced degree classification in oil and gas industry. Fails first Dhanasar prong: undefined endeavor as independent consultant or unspecified employee lacks specific national importance; importance of occupation and industry cannot substitute for documented specific endeavor impact.

A drilling engineer in oil and gas sought NIW EB-2 classification intending to continue current employment. The AAO found the engineer must define a specific endeavor and failed to establish national importance; relying on industry importance and economic ripple effects is insufficient.

Environmental compliance inspector with advanced degree sought NIW for environmental consulting company. AAO held proposed endeavor lacks national importance, existing only for potential client impact. Appeal dismissed.

Ph.D. student researching alternative energy storage technologies seeking EB-2 with NIW. AAO held all three Dhanasar prongs satisfied: endeavor has substantial merit and national importance; petitioner well positioned through education and prior work; U.S. benefits from waiver. Appeal sustained.

Environmental sustainability consultant seeking EB-2 with NIW to operate sustainable furniture consulting company. AAO held petitioner failed to establish five years progressive experience in specialty and lacks exceptional ability; national importance of endeavor not demonstrated; appeal dismissed.

Self-petitioner, production engineer in oil and gas industry, sought EB-2 advanced degree classification and national interest waiver for continuing role in industry. AAO found petitioner eligible for EB-2 but failed to demonstrate national importance of specific proposed endeavor. Appeal dismissed.

Battery cell engineer with PhD seeks NIW. AAO found Director failed to adequately analyze evidence. AAO determined petitioner established substantial merit and national importance of clean energy research, was well-positioned to advance it, and that waiver would benefit the United States.

Environmental specialist with advanced degree proposing consulting business in environmental policy. AAO affirmed Director finding that petitioner meets first Dhanasar prong but fails second prong: insufficient evidence of ability to advance the endeavor despite academic background and professional experience.

Self-employed petroleum geologist with twelve years experience seeks EB-2 NIW. Director found advanced degree qualification but denied NIW. AAO upheld denial on first Dhanasar prong, finding proposed endeavor lacks specific description and national importance; withdrew Director's finding of national importance.